REMEDIES
LAW3REM
2018
Credit points: 15
Subject outline
This is a capstone subject focused on private law remedies the doctrines governing the orders a court may make to remedy a breach of legal duty. Students will have touched on remedies in almost every other core subject in the law degree. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the law degree and to compare the various outcomes possible across different doctrines and areas of law. The subject is taught in three modules Coercive Remedies (particularly injunctions and specific performance), Common Law Compensatory Remedies (focusing Contract and Tort damages) and Equitable and statutory Compensatory and Restitutionary Remedies. Intensive lecture modules alternate with Seminars in which students will apply remedies principles to case study problems using team based learning, culminating in a settlement negotiation.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorHannah Robert
Available to Study Abroad StudentsYes
Subject year levelYear Level 3 - UG
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites LAW1LIM and (LAW2TOT or LAW2TOR) and (LAW2CTA or LAW2CNT) and (LAW2CTB or LAW2CCC) and (LAW2FPL or LAW2RPT or LAW2PRP) and (LAW3ETR or LAW3EQT) Admission into: LVLGE - Bachelor of Laws LWLATB - Bachelor of Laws/Bachelor of Arts LWLBUSB - Bachelor of Laws/Bachelor of Business LWLEE - Bachelor of Laws/Bachelor of Electronic Engineering LWLINT - Bachelor of Laws/Bachelor of International Relations LWLMC - Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB - Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB - Bachelor of Laws/Bachelor of Science LZCOML - Bachelor of Commerce/Bachelor of Laws LZCRL - Bachelor of Criminology/Bachelor of Laws LVLGEB - Bachelor of Laws LZCRLB - Bachelor of Criminology/Bachelor of Laws LVLUE;LVLUEB - Bachelor of Laws OR LBLX - Bachelor of Laws (Complementary) LHL - Bachelor of Laws with Honours LWLAS - Bachelor of Laws/Bachelor of Asian Studies LWLAT - Bachelor of Laws/Bachelor of Arts LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Remedies in Australian Private Law | Prescribed | Katy Barnett and Sirko Harder | CAMBRIDGE UP 2014 |
| Readings | Getting to Yes: Negotiating Agreement Without Giving In | Recommended | Roger Fisher, William L. Ury, Bruce Patton | PENGUIN, 3RD ED 2011 |
| Readings | Remedies: Commentary and Materials | Recommended | Michael Tilbury, Michael Gilooly, Elise Bant, Normann Witzleb | LAWBOOK, 5TH ED 2011 |
Graduate capabilities & intended learning outcomes
01. Identify which remedies are available for a particular cause of action using relevant case law and legislation, and explain the appropriate method for calculating compensatory remedies.
- Activities:
- Injunction submissions; letter of advice; settlement negotiation
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Speaking)
- Literacies and Communication Skills (Writing,Speaking)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Teamwork including leadership and working in groups)
02. Apply the principles governing remedies to the facts of a dispute and make a reasoned analysis about the likely court outcomes.
- Activities:
- Injunction submissions; letter of advice; settlement negotiation.
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Speaking)
- Literacies and Communication Skills (Writing,Speaking)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Teamwork including leadership and working in groups)
03. Clearly communicate complex legal concepts and doctrines in a relevant way.
- Activities:
- Injunction submissions; letter of advice; settlement negotiation
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Speaking)
- Literacies and Communication Skills (Writing,Speaking)
04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.
- Activities:
- Letter of advice; settlement negotiation
- Related graduate capabilities and elements:
- Literacies and Communication Skills (Writing,Speaking)
- Literacies and Communication Skills (Writing,Speaking)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills (Teamwork including leadership and working in groups)
Subject options
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Melbourne, 2018, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorHannah Robert
Class requirements
Lecture
Week:
31
-
43
Seven 2.0 hours lecture per study period
on weekdays
during the day
from week 31 to week 43
and delivered via blended.
"Two hour face to face lecture recoreded"
WorkShop
Week:
32
-
43
Five 3.0 hours workshop per study period
on weekdays
during the day
from week 32 to week 43
and delivered via face-to-face.
Lecture
Week:
31
-
43
Seven 1.0 hours lecture per study period
on any day including weekend
during the day
from week 31 to week 43
and delivered via online.
"Online equivalent to a one hour lecture"
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Pre-negotiation Memo to senior solicitor analysing client's legal position (MAX 1200w) | 20 | 01, 02, 03, 04 | |
| Post-Negotiation Letter of advice to client (MAX 1600w) | -The outcome of the Week 9 settlement negotiation and any recommendations re the draft heads of agreement - Analysis of any new info revealed during the negotiation and how this may affect the client's legal situation and interests - Recommendation as to next steps eg signing the HOA, gathering further information, further negotiation or litigation | 40 | 01, 02, 03, 04 |
| Draft Heads of Agreement (MAX 1200w) | 10 | 01, 02, 03, 04 | |
| Final Settlement Negotiation (30-45 minutes) | 10 | 01, 02, 03, 04 | |
| Quiz (500 word eqv) | Please note that this is treated as an in-class exam, and alternative times cannot be arranged unless special consideration application has been awarded. | 20 | 01, 02, 03, 04 |